News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

8 April 2019 • News

Master in “Law and Business” – 24Ore Business School, Il Sole 24 Ore, Rome (8 – 9 April 2019)

Antonella Iacobellis took part in teaching sessions held last 8 and 9 April on the Labour Law module of the Master in “Law and Business” (Rome) organized by Il Sole 24 ORE Business School.   8 April 2019 The teaching session covered sources of labour law, entering into employment relationships, the typical aspects of employment ....

29 March 2019 • Insights

A disciplinary suspension measure is unlawful if facts justify dismissal (Diritto 24 from Il Sole 24 Ore, 29 March 2019 – Alberto De Luca, Gabriele Scafat)

In its recent judgement no. 285 dated 1 February 2019, the Court of Milan ruled on the legitimacy of an employer’s conduct in requiring a candidate to submit a certificate of pending proceedings and whether the candidate must comply with the request. The case originates from the disciplinary proceedings initiated against a worker for not ....

29 March 2019 • Insights

VAT frauds expand the range of offences listed in Legislative Decree 231/01 (Newsletter Norme & Tributi n. 131 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

By 6 July 2019, Italy will have to adopt Directive (EU) 2017/1371 (the “PIF Directive”) on the fight against fraud to the Union’s financial interests and approved on 5 July 2017 by the Parliament and European Council. Upon its adoption, VAT fraud will fall in the list of offences established by Legislative Decree 231/01. According ....

28 March 2019 • Insights

Collective labour agreements and previous working experiences in the evaluation of the trial period

The Milan Court of Appeal, with judgment no. 2116 of 22 January 2019, reversing the judgment of the court of first instance no. 483/2017 of the Court of Monza, ruled on the validity of the trial period annexed to the employment contract and on the legitimacy of the dismissal served on grounds of failure to ....

28 March 2019 • Insights

Dismissal of managers: the employers can supplement the grounds in the course of proceedings

With judgment no. 3147 of 1 February 2019, the Court of Cassation remarked that the employers can supplement the grounds for dismissal in the course of proceedings if these are insufficient or generic. The facts The Court of Appeal having jurisdiction, upholding the judgment of the Court of first instance, had declared that the dismissal ....

28 March 2019 • Insights

Legitimacy of dismissals for improper use of leaves as per law 104

With judgment no. 4670 of 18 February 2019, the Court of Cassation maintained that the controls requested by the employers of an investigation agency are legitimate if the investigation concerns the control of behaviour that could be criminally relevant or fraudulent actions capable of damaging the employer. The facts A company active in the food ....

28 March 2019 • Insights

DO YOU KNOW THAT… Employers must pay a contribution (“Termination fee”) for each worker dismissed?

Article 2 (31) of Law no. 92/2012 (so-called Fornero Law) introduced the payment of a fee by the employers, in relation to each worker dismissed from permanent employment, in all cases that, regardless of the contribution requirement, qualify for the ASPI unemployment allowance (presently, NASPI). The amount due is equal to 41% of the NASPI’s ....

28 March 2019 • Insights

Green-light to the reform for enterprises in crisis: spotlight on the articles of association and organizational arrangement of Italian-law limited liability companies (S.r.l.)

Some of the measures set forth in Legislative Decree no. 14 of 12 January 2019 and published in the Official Gazette on the following 14 February entered into force on 16 March 2019, implementing delegating law no. 155 of 19 October 2017, and laying down the new “Code of corporate crises and insolvency” (the “Code“). ....